legal lectures, enters the office of a practising attor- to its truth, it has grown and flourished almost beyond ney, there to abide until the lapse of the probationary eradication. Plausible reasons and specious arguments period of three years, at the utmost, entitles him to claim are cited in support of it, and if we consider the study the honors of a licence. of the law merely as a means of livelihood there may Of the mass of students, some consider their respec-be some reason for the assertion. But to consider the tive offices as prisons, in which they are unwillingly immured for an hour or two each day; while others zealously devote themselves to the acquirement of legal knowledge. But mark the fate of the latter. Short as the allotted term of study is for those who ardently desire a knowledge of the law, their hours of study are liable to all sorts of vexatious interruptions. No matter at what point the student's reflections have arrived, no matter to what critical period his investigations have carried him; at a moment when, perhaps, the reason of all he has read is yet wanting to fix it on his memory, the whole train of thought may be dispersed in an instant, and his struggling knowledge thrown irreclaimably back into ignorance. The practice of the law has set periods and times for its operations, and the machinery of a suit cannot be stayed that the student may profit by the perusal of a case, or the opinion of some legal sage. Causes must be pushed on to judgment or decree, and the atten-Law is a science and a lofty one. It is based on the tion of the anxious student is so often interrupted and averted that at last he despairingly ceases to bestow it, and worse than all, he falls into habits of idleness, always difficult to be eradicated. study of the science of the law as one tending to contract the understanding, is irrational and absurd. Instances innumerable could be cited to disprove it. Demosthenes, Pericles, Cicero, the elder Antony and the elder Cato, were all lawyers in the strictest sense of the term; and minds more comprehensive than theirs seldom fall to the lot of man. The profession of Bacon, the man of universal lore, and who marked out the path for the progressive knowledge of succeeding centuries, was the law. The names of More, of Mansfield, of Jones and of Brougham, need no comment, nor does that of Hamilton, the skilful warrior, legislator and statesman. These are not one tithe of the names of lawyers, distinguished for their extensive views and liberal minds, that could be adduced. They are given for illustration and not for proof, for there is nothing in the subject itself that should tend to narrow the mind. rights of man by nature and society; its object is the elucidation of truth; its end the attainment of justice. Besides the rights of man, international differences and the claims of sovereigns may demand the attention of the Such is the present state of things: such is the present lawyer. These certainly require a comprehensiveness of method of studying law. And as well might one attempt views incompatible with a narrowed intellect. The to teach an apprentice the art of engraving, by employ-subjects of suits at law are co-extensive with human ing him constantly in working at the press, or bearing knowledge and pursuits, and the advocate may not only the impressions to the print-sellers, as to instruct a stu-have need of an acquaintance with the moral sciences, dent in the science of law by initiating him in the deep but with the doctrines and principles of the mechanic arts mystery of copying papers or counting their folios. and the customs of trades. Can there be then aught better calculated to elevate the mind, to cause it to break off the shackles of prejudices, and attain to high moral beauty, than the full, faithful and conscientious studying of the law? Qui studet optatam cursu contingere metam, truth and justice, and if properly administered it could not be made as it too often is, an engine of incalculable evil. Such of old was deemed the discipline necessary to one But in what manner is a remedy to be applied to ambitious to excel in a mere physical excellence; while the imperfections which exist in the study, and the now, he who aims at eminence in a science confes-evils which result from its practice? This is a serious sedly intricate and hard of mastery—a science requiring question, and one in which every citizen is interested, undivided attention and indefatigable application-has and like many others of the same nature, one about his attention rendered diffuse, and his application divided which no citizen is concerned. It is a subject interestand minutely severed. This may tend to make what is ing, not only to the profession, but to the community called a sharp practitioner, one who will undertake any at large. There is no person, be his pursuit what it cause however perilous, in hopes by tacking and ma-may, that it does not touch. The law in its theory is neuvering and running to windward, to take advantage of his adversary-one of those thin, dried up, vulturelooking attorneys, whose little eyes twinkle with the light of long-kindled cunning, and who amass wealth, and bring disrepute on the law-men whose feelings are divided between their pleadings and their cost books, like Garrick betwixt Tragedy and Comedy, vibrating As indolence in youth will hardly ripen into industry between their offices and the courts, erudite in special in age, and as the blight in the blossom produces rottendemurrers, and deeply learned in the fee bill or even ness in the fruit, so an imperfect and erroneous studybeyond it, but with no more correct idea of the true ob-ing of the law will produce an imperfect and erroneous ject and high aim of the law, than the garbage-fed Hot-knowledge of it, and a deficiency of moral rectitude in tentot possesses of the perfectibility of human nature. the student will leave room for roguery and knavishIt is this that has brought the saying to pass, that theness in the practitioner. The latter of these evils canstudying of the law tends to the narrowing of the mind.not be universally guarded against, but much can be It is this which has almost ripened the heresy into doc-done to correct the former. The opinions I present are crude, but I am induced to hazard them, by a feeling solicitous to awaken attention to the subject. trine, and given to a dogma the force of an axiom. The In the first place, the adoption of the law as a proparadox has become current in the schools and the sen-fession should be maturely weighed in the mind by the ate, and, in spite of multifarious practical contradictions young student before venturing on it. He should ex amine his mind thoroughly; he should question his | tions broad and deep ere he attempts to rear his strucpassions, his habits, his capacities. He should look ture. As the healthful operations of the corporeal funcupon the study of the law abstractedly from every tions is of the deepest importance to every student, let thing else. He should ask himself if he will be con- not the sanguine student of the law consider that time tented with a life of constant labor and secluded study. wasted, which within proper limits is devoted to exerHe should review his course, and observe if he has cise. Vigorous exercise regularly pursued imparts acexhibited unwavering perseverance in any thing. He tivity to the mental faculties, whereas indolence of body should separate the pursuit of the law from its inci- gradually spreads a damning influence over the mind. dental honors, its fame and the acquirements it begets, Regularity in mental pursuits is also a requisite of the and reflect whether he can love it for its own sake. He highest moment. The student should apportion his should be assured that he will be able to abandon all time to his different necessities and avocations. In the allurements for the sake of its study. If he cannot spirit of the lines quoted by Lord Coke, I would say to solve all these points satisfactorily, let him abandon all the student, idea of pursuing the study of the law, or resolve to be contented with a mediocrity of attainment. Sex horas somno, totidem des legibus æquis, choice in this respect is limited to the advantages of There are mental and moral requisites to the study and to the practice of the law. I believe sincerely that the standing and acquirements of a man depend upon Having settled these points, let him next decide upon himself, and that it is only the greater or less discip-the best means of fulfilling the term of study required by line and culture that the mind is subjected to, that the rules of court. Since it is necessary to spend a cermakes the difference. It may be objected, that differ-tain time in the office of a practising attorney, the ing circumstances affect the result; but superiority to circumstances is exactly what marks and distinguishes the great man. He, therefore, who is about commencing the study of the law, should question himself closely to what he has wrought up his moral faculties: to good or to evil; to industry or to idleness. If to evil or idleness, let him first correct his error, or give up his resolve. If to good and industry, he may with strong hope carry his scrutiny farther. The mental and moral requisites to the study of the law and its practice are, perseverance of purpose, a love of truth, a logical con-office" no regular course of study can be pursued, nor formation of mind, a close discrimination, a quick and correct perception; or, if a slow perception, then a faculty of shutting out partial conclusions until the whole subject is before the mind; an abhorrence of vice, a freedom from dissipation in any shape, a scrupulous, | unswerving, indomitable integrity, an unshaken equanimity of temper, and an undeviating courtesy of manner. can even a desultory one be very extensive. It may be said that the supervision of the student's reading by an experienced lawyer is of great advantage, and so it probably is, when exercised; but the lawyers best quali fied for such superintendence, are those who in general are too much occupied with their business to bestow much time on their students, or, as the rules more correctly style them, their clerks. What is generally the The mental preparatory attainments necessary are, fact? When the legal tyro first enters an office, Blacka knowledge of the Latin language, both the classic and stone is placed in his hands, and after that he is left to the modern; a general acquaintance with miscellaneous his own guidance, until, admonished by his approaching classical literature, and with the arts and sciences; examination, he instinctively directs his attention to the practised skill in metaphysical analysis and mathe-rules of practice. Blackstone is an invaluable treatise, matical demonstration. and worthy of all commendation. It is so orderly in its This may appear a startling enumeration to the stu-arrangements, so clear in its positions, so rational in its dent, but I am convinced that with industry and judg-spirit, and so full, yet just, in its learning, that it may ment all these are within the reach of every one. If a well be doubted if any scientific work was ever so well student possesses an upright heart, he embraces in that executed. Coke probably possessed more abstruse learnalone one half the list. As to the rest, it is true they ing, but we may vainly seek for hours for any particuwill require assiduous application, and without that itlar point in his chaos of legal erudition. His deep is very useless to undertake the study. Any gentle-learning and acute intellect give an oracular stamp to min would be ashamed of himself, if his attainments all his writings; but as if uttered in the inspiration of did not reach to at least one half of what we have set the moment, they are as much distinguished for their down; and as to the mental habitudes spoken of, they irregularity as their infallibility. But Blackstone is at are so concatenated together and dependant on each once learned and clear, correct and methodical. Neverother, that the student who attains one link may theless, Blackstone is not the work that should be first easily draw the whole chain to his possession. The placed in the hands of an American student. Should acquiring of one, will constitute a relaxation to the pur-it be, he will learn what afterwards he must unlearn ; suit of the others; and so long as the student recollects his aim and object, his multifarious studies will all condure to his advancement. The intellectual discipline of the intended lawyer must be strict and constant. He must lay the founda and, as Bolingbroke remarked, it is an easier road to knowledge from ignorance, than from error; and much of Blackstone's Commentaries, applied to American law, would be erroneous. The law of England, though it is the source of our law, differs from it in many respects extremely, and in others in such slight degrees, that to law pursue a similar plan, and his time be exclusively separate them will require a subtle memory inge-devoted to his studies? niously exercised. The constitution of England should be studied, but not before our own. The legislation of England should interest us, but our own should be paramount. Again, America has remedied many of the imperfections, and abolished many of the evils of the English code. Our doctrine of real estate has also been remodelled and simplified. Fifty years since, the barrister from Westminster might have argued the briefs in our courts with as little special preparation as at home. Fifty years hence, the language of the one bar will be as it were a different dialect from that of the other, unless England should, as she now seems inclined, keep pace with our improvement. Why, then, should the student first peruse a work which, if trusted to as law, will lead to error, and if not yielded credence to, will unsettle and disturb his mind? After he has acquired an outline of American law, a perusal of Blackstone will be beneficial. But admitting that the "Commentaries" constitute the proper work for a beginner, the supervising power ends with that; and it | may well be doubted if most lawyers would not be perplexed by the question, "What course of reading do you recommend to your students?" This fancied advantage of an eminent lawyer's office is none in reality; while in the office of an attorney of limited practice, the student would have ten times more leisure for his studies. But supposing the student to have made choice of his office, and that he has opportunity for study, and uses it; he cannot have those advantages which he should have. The system itself is wrong, fundamentally wrong. For those young gentlemen of independent fortune, who take up the profession of the law, merely because, in this country, a young man without any pursuit or profession would be an anomoly; or for those who adopt it because it is eminently honorable, or because it is considered the high road to place and power, without any determination of trusting to it as a profession, the present course of study is fully sufficient. But for him who desires, if entrusted with power, to use it rightly, or who intends to make the law his business and his study-who is anxious to become master of the law and its spirit-who expects to devote his whole life to its ardent pursuit,-to such a one, how utterly inappropriate and inadequate is the present method of study! It allows barely sufficient time to obtain a general knowledge of the local laws, but is altogether incompetent to imbue the mind with a deep and solid acquaintance with its broad and general principles. He cannot go up to the source of the stream and drink from its fountains, but he must receive it polluted and adulterated, as it has floated down to him. His time is divided between the business of the office and his studies; and in the regulation of the latter, he has to trust to his own judgment, or at best, to the casual advice of one more competent. Why should such a plan be pursued in regard to students of the law, when one so different is deemed necessary for those of other liberal professions. Students of medicine must spend all their time in the pursuit of that science; they must follow a collegiate course exclusively relating to their profession, undisturbed by other pursuits. Why, then, should not the student of the The establishment of a law university, in which the pursuit of the science should be the primary object, and in which it should be pursued assiduously, methodically, and on a broad and philosophical basis, is to our country a matter of the highest moment. From the profession of the law rise up a large proportion of our statesmen, legislators and judges; the originators, the makers, and the expounders of the law. And when we consider how much, in our constitutional governments, we are directed and restrained by the law-how necessary it is to our safety and protection-how it is interwoven with our daily avocations, and with all our relations to others, it seems indispensable to our happiness and security, that those who make, and those who practically direct the application of our laws, should be men of deep and extensive learning in the principles of human nature-of a general and intelligent acquaintance with the arts, sciences and pursuits of the community-of a great and pervading knowledge of the practical operation of principles in times past and the present; that they should be men skilful in matters of finance, commerce, trade, manufactures, agriculture, and all the modes in which the talents and propensities of citizens are manifested; that they should be above bribery and corruption; in short, that they should be of such honesty, knowledge and judgment, that the laws of their making should be obeyed through a sense of their justice, rather than their weight, and their expositions of laws made, should maintain the right, and right the wrong. But, independent of the senate and the bench, how necessary it is that the practising lawyer should be a man of extensive acquirements and learning-that he should be able clearly to discern the right, and detect the wrong to understand fully the principles of law, and be able to apply them accurately to the case before him. How much of useless, expensive litigation would then be avoided-how much wear and tear of feeling would be saved-how many a family be prevented from dividing against itself-how much knavery and roguery blasted in its incipiency-how many a man saved from beggary and despair-how many a wife from sadness and a broken heart-how many a child from vice, from guilt, from the dungeon. A knavish lawyer is productive of a wider extent of misery than is generally supposed, because, although the misery be evident, the cause is unsuspected. Look through the circles formed by his clients and their opponents-you behold bankrupts, profligates, knaves, rogues-the last in all their infinite variety, from the dollar-extorting cheat, who but just escapes an indictment for larceny or highway robbery, by his knowledge of law, to the splendid rascal, who confiscates estates by legal ingenuity, and proves himself statute-honest by the subtlety of his villainy, and the depth of his casuistry in the ethics of the law. It requires no faith in animal magnetism to support the belief that, when finesse, chicanery, and knavishness inhabit the mind of the lawyer, they soon pass into the mind of the client. Next, take the case of an unskilful advocate. To his hands may be confided cases of the greatest importance. Confiding friends may entrust to his gui dance matters involving their fortunes, their estates, I any inherent obstacle to the proper expression of the their eredit, or their reputation. Step by step he meaning of the law-giver, but to carelessness or ignoblunders on, in his short-sighted ignorance, believing rance in those who indite the laws. They leave a loop each step correct, until at last his client is involved in to hang a doubt on, use words of disputable meaning, harassing, expensive, ruinous litigation. It is of the particularize to the exclusion of a general principle, essence of ignorance to believe itself wise, and the con- and in their anxiety to enumerate every case, omit ceited and superficial smatterer in the law hardens many points which without the enumeration would himself in his unbelief, like Pharaoh, though portents have been covered by the rule. Men not properly edu and miracles contend against him; and hence the dan-cated and informed are often raised to the rank of ger: for the experience that a client gains by schooling legislators, and of course entrusted with the drafting of in litigation, is among the dearest he can purchase; the laws; and the consequence is, that loose verbose, amlight it gives is not a beacon to conduct his vessel to its biguous, crude, hastily conceived statutes are enacted haven, but the burning of the fragments of the wreck and declared to be law. Such laws are but firebrands by which he would fain comfort and cheer himself in in the community, and the subtlety, the ingenuity, the his despair. If a lawyer of this cast is defeated, he acuteness, or the astuteness of lawyers, clients and rails against judges and juries; they are all num-judges, lead the meaning of the statute a dance of fifty sculls and blockheads-the judge had some personal or or a hundred years before it becomes settled and adpolitical bias against him, or the jury decided "clear judged. And then such adjudications!—such violent against the judge's charge"-the case must be appealed from, or there must be a new trial, or the like; and thus he will run a cause through the whole scale of legal tribunals, up and down the forensic gamut, until the costs outswell the subject matter of dispute-until there is no longer a higher Court of Appeals, except that beyond the grave, whose grand summoner is Death, and where no advocates avail, save good deeds done in the body, and the mercy of the Great Judge himself. wanderings of significations!-such felicitous conjectures of the meaning of the legislature!-and in the meanwhile such insecurity in contracts!-such glorious fields for litigation-such harvests of fees and costs-all which would have been unnecessary or uncalled for, if the sapient Solon who started the apple of discord, had been a man fitted for his sphere.* Now let us suppose that in every legislative body there were a few men who had been properly nurtured by the principles and educated in the bearing of lawsskilled in human nature and its practical workings— elevated to moral dignity and inspired by love of truth; let us suppose that our lawyers also were such men, and that our judges were the like; could any of the results depicted in the few last paragraphs occur? Would not the influence of such men be felt throughout all the ramifications of our laws; and would not the pursuit of law be the most ennobling of human sciences, if directed merely to the attainment of justice, rather than to the shrouding of guilt and wrong under the dubious expressions of statutes, or counterpoising the iniquity of a client by the ingenuity of his advocate? Again, suppose the case of an upright and conscientious advocate, who, believing that a cause entrusted to him is just, has devoted to it hours, days, weeks of preparation; who has omitted no care, no toil, no research; who has conducted his cause safely to his argument, through all the snares and pitfalls of practice and pleading; and then, after expending on it all the stores of his knowledge, and allowing his feelings to be engrossed by it, is at last hopelessly defeated. Suppose him to have been right, yet overcome. This may be. Courts are fallible; rules of law imperfect. But has he not been too sanguine-has he not given his attention to the details of his case, when the elucidation of the principles involved required it; has he not overTo give a legal university the importance and influrated his capability for argument; was there no fault ence it ought to possess, many things are requisite. in his logic; was he prepared to render his case as Students ought not to be admitted into it until their clear to others as it seemed to his own mind; has he general education is completed. They should be schonot, in his conviction of the equity of his case, forgot- lars in general knowledge ere they become students of ten that in society, equity is fenced in by laws, and law. They should have attended to the requisites enuthat in pursuit of the former we must obey the direc-merated in the former part of this essay-and should tions of the latter? From these considerations, and enter the university with healthy constitutions, correct such as these, let the ingenuous student draw a profita- habits, good morals-the morals of principle and not merely of circumstances, and a resolution to master the Again, how much litigation arises from the imper-science, and for the term of their studentship to pursue fect or erroneous wording of laws, and how essentially it unwaveringly and uninterruptedly. Then if the requisite for the guidance of the citizen, is clearness means of instruction be commensurate, and the mode and lucidness in the statute. Municipal law has been proper, the students of the law might become, what too well defined to be a rule of civil action prescribed by often they are not-fit and faithful trustees of the rights the superior power in the state, and which the citizen of the community, composers of strife, elucidators and is bound to obey. Every good citizen acknowledges guardians of right and equity, upright men, influential the obligation, but in many cases, may be extremely citizens, polished and intellectual scholars. puzzled to ascertain what the rule is, and be no better off than the subjects of that tyrant who caused his edicts to be written in small characters, and posted on high pillars, so that they were illegible to all. This difficulty in ascertaining the meaning of some statutes, does not arise from the imperfection of language, or ble lesson. The writer's want of leisure prevents his entering *The same remarks may be applied to unskilful draughtsmen and conveyancers, whose bungling deeds of conveyance of settlement, wills, leases, and written contracts, produce dispute and strife as certainly as in nature certain effects follow the causes which God has decreed they must follow. International law, so essential to the admiralty pleader, so necessary in the pursuit of rights springing from treaties, or of rights delayed or destroyed by war, would demand a separate professor. So, too, of the civil law, which as regards all matters of contract (a comprehensive title in the law) is "fons et principium,” and which though not law here by enactment, involves and elucidates the principles of justice so fully, so clearly, so justly, and has furnished so large a portion of the basis of the law of all civilized nations, that he who is well skilled in its teachings, shall have little more of general principles to learn. In regard to con at present into a full detail of his idea of what a law | people-and to trace out the effect of laws on morals university should be, and this is the less important, as and of morals on laws would be curious and instructive. this essay is rather suggestive than practical. It is but a survey of the ground on which the edifice is to be erected, the architect will come afterwards. But it may be proper here to indicate the general plan and principles, to sow seed for thought-and leave the development and maturing for reflection and experience. It is now time, that in the more thickly settled portion of our country the practice of the law should be divided, and consequently the studies at the university so conducted that each student might apply himself particularly to that branch of the profession which he might intend to pursue. Conveyancers, attorneys and solicitors, and counsellors and advocates, comprise the divi-stitutional and municipal laws, and their various divisions that seem proper. To conveyancers would belong the drawing all papers relating to the transfer or incumbrancing of real estate, such as wills, deeds, mortgages, leases, settlements, trusts, uses, powers, fines, recoveries, abstracts of titles, and the like. To the Although I have now fulfilled all I proposed to emattorneys and solicitors, the practical conducting of all brace in this essay-fulfilled not according to the imsuits, the drafting of pleadings and proceedings, the portance of the subject, but to the extent of my leisure collecting of evidence, &c. To the counsellors, who and present object, I cannot forbear citing one or two might be again divided into chamber counsel, and ad-passages from Lord Coke's English Prefaces to the vocates at the bar would appertain the giving of advice upon legal rights and liabilities, upon settling or compromising matters of dispute, the settling of the form of pleadings and proceedings, and the attending to the trial of causes, and arguments of cases. It may be objected that there would be few willing to confine themselves to the rank of attorneys and solicitors, but that all would aspire to be counsellors. To this we may reply both by fact and argument, that in England where a similar division has obtained, no such inconvenience occurs; and further, that whatever aspirations the mind may entertain for a higher exercise of its powers are checked and confined within their proper sphere by the actual limitation of those powers. And moreover, it would be found that those persons who had been well schooled as attorneys and solicitors, would make the most accomplished and ready, and therefore most successful counsellors, when they should choose to change their vocation. sions, statute law and common law, and the subdivisions, maritime, commercial, criminal, &c. no remarks are necessary. They are too essential to be overlooked by any. second and third parts of his Reports. "Now for the degrees of the law," says he, "as there be in the universities of Cambridge and Oxford divers degrees, as general sophisters, bachelors, masters, doctors, of whom be chosen men for eminent and judicial places, both in the church and ecclesiastical courts; so in the profession of the law, there are mootemen, (which are those that argue readers cases in houses of chancery, both in terms and grand vacations.) Of mootemen, after eight years study or thereabouts, are chosen utter barristers; of these are chosen readers in inns of chancery: Of utter barristers, after they have been of that degree twelve years at least, are chosen benchers, or ancients; of which one, that is of the puisne sort, reads yearly in summer vacation, and is called a single reader; and one of the ancients that had formerly read, reads in Lent vacation, and is called a double reader, and commonly it is between his first and second reading, about nine or ten years. And out of those the king makes choice of his attorney, and solicitor general, &c. And of these readers, are sergeants elected by the king, and are, by the king's writ, called ad statum & gradum servientis ad legem. As to the professorships in our university, there should be one of logic-that the student's mind might be trained to close and severe reasoning, induction, analysis, comparison, the detection of sophistry the most subtle, and of fallacy the most plausible. There "For the young student, which most commonly comshould be one of rhetoric-that he might deliver a de-eth from one of the universities, for his entrance or beduction of reason or a statement of facts in a clear and ginning were first instituted, and erected eight houses of lucid order, in language choice yet determinate-ner- chancery, to learn there the elements of the law. * ** vous yet graceful. A professorship of moral philosophy Each of the houses of court consists of readers above would be requisite, for by a contemplation of their twenty; of utter barristers above thrice so many; of duties as members of God's great family, the students young gentlemen about the number of eight or nine would discover that the streams of the law descend score, who there spend their time in study of law, and from the great fountains of truth and justice, and thus in commendable exercises fit for gentlemen: the judges incline to cherish in their hearts a deeper attachment for of the law and sergeants being commonly above the their profession, and a deeper desire to pursue it upright-number of twenty, are equally distinguished into two ly and honorably. A professorship of history and histo-higher and more eminent houses, called Sergeant's Inn: rical jurisprudence would be essentially necessary, for all these are not far distant one from another, and all the "thing that hath been is the thing that shall be," and together do make the most famous university for proexperience is the great corrective of legislation. This fession of law only, or of any one human science that is presents a wide field; for the law keeps progress with in the world, and advanceth itself above all others, science, trade, commerce, and all other branches of quantum iter viburna cupressus. In which houses of human pursuits; it has often changed the destiny of a court and chancery, the readings and other exercises |